Bruce Newman Investigating Claims Related to Chevy Cobalt Ignition Recall

General Motors has issued a recall for 2.6 million vehicles. Among the recalled vehicles are the Chevy Cobalt and the Saturn Ion. These vehicles have been recalled because of faulty ignition switches.  When bumped, an ignition switch can turn off automatically, shutting off the car’s engine and disabling its air bags.

Problems with the ignition switches were allegedly discovered as early as 2001, but the company did not issue a recall until this past February. According to the New York Times, GM’s new CEO, Mary Barra, recently testified at a congressional hearing that she had not become aware of the defect until December 2013, two months before issuing the recall. The House Energy and Commerce Committee has gathered numerous documents from GM as part of an ongoing investigation.

Nationwide, GM has confirmed that this defect resulted in 13 deaths. GM has not publicly disclosed a list of confirmed victims, leaving loved ones to speculate on whether the ignition defect played a part in the death of their family member. Furthermore, proving whether the ignition defect caused a deadly crash may be difficult. Cars contain black boxes, which act as sensors and begin recording when they sense an impending impact. These boxes may stop recording due to subsequent impacts or can be easily damaged due to the collision, leaving potentially crucial information on the cause of the crash inaccessible.

Bruce E. Newman has begun an investigation into a recall related claim. If you or a loved one was involved in an accident that may have been the result of a defective ignition switch, please call him at 860.583.5200.  

Guardian ad Litem Reform Under Way in Connecticut

The Judiciary Committee has voted Raised Bill No. 494 out of the committee. This bill is intended to clarify the role of a guardian ad litem (GAL) in Connecticut. A GAL is appointed by the court to represent and to make recommendations regarding the best interests of a minor child in a family court proceeding when parents do not agree. Some of the bill’s major provisions are outlined below.

Selection of GAL. The bill would require courts to provide parties with a list of five eligible GALs who could serve in their case. If the parties cannot mutually select a GAL, the court will appoint one from this list. The court will enter specific orders regarding the scope of the GAL’s work and the rate at which the GAL is to be paid.

Removal of a GAL. The bill would allow parties to file a motion to remove a GAL. The court could hold a hearing on this motion.

GAL fees. The court can order that the parties pay reasonable GAL fees, but the court could not order that these fees be paid from a college savings account. The court can also order that GAL fees be calculated on a sliding scale basis.

The family lawyers of Brown, Paindiris & Scott have experience working with GALs. Check back for more updates on the outcome of this bill.

Do you know if you are a Service Worker under Connecticut Law?

If you are a pharmacist, registered nurse, or office clerk, you may be considered a service worker under Connecticut law. This distinction is important because service workers may be eligible for paid sick leave. The definition of a service worker can be found in Connecticut General Statutes Section 31-57r(7). This definition corresponds with the occupation code numbers and titles of the federal Bureau of Labor Statistics Standard Occupational Classification system. For more information about what businesses and employees are covered by the Paid Sick Leave Act, click here. Even if you are one of only a few service workers at your employer, you can be eligible for paid sick leave. 

The different categories are broad, extending beyond the typical service oriented position of waitress, bartender or hairdresser. The different categories are quite descriptive. If a service worker may potentially fall into more than one category, the worker is classified in the category that he or she is primarily engaged in.

The Connecticut Department of Labor has a complete list of the different categories of service workers. If you are unsure if you are a service worker or if you are an employer having trouble determining whether you employ service workers, the lawyers of Brown, Paindiris & Scott can assist you.   

Is a Reverse Mortgage Right For You?

          Homeowners with equity in their homes often wonder how they can utilize these funds before they sell their properties. A homeowner who is 62 years of age or older may be eligible to receive a reverse mortgage, which is a loan that allows individuals to borrow against the equity that they have built up in their homes. With a typical mortgage, a homeowner is required to make monthly payments to his or her lender, and with each monthly payment, the homeowner’s equity in his or her home increases. In contrast, with a reverse mortgage, homeowners are not required to make monthly principal payments on their loan balance as long as they live in the home, and the lender pays cash to the homeowner each month. Homeowners with a reverse mortgage are still required to pay real estate taxes, homeowners’ insurance premiums, and condo or home association fees. A homeowner is not required to make any payments on his or her reverse mortgage until the homeowner sells or vacates his or her home.

          The Connecticut Housing and Finance Authority (CHFA) is now offering a reverse annuity mortgage (RAM) program that is designed to help older homeowners remain in their homes. After qualifying for this program, a homeowner receives a direct deposit from CHFA, which includes the principal and interest payments of the RAM loan, and the homeowner can then use this money to pay for housing or long-term care expenses. CHFA’s reverse annuity mortgage also includes low closing costs and interest rates.   

          Reverse mortgages are attractive for many reasons. First, the funds that homeowners receive are not restricted and can be used for any purpose. In addition, reverse mortgages enable homeowners to derive income from their homes while they still own and live in their homes. Second, a borrower cannot lose his or her home after a missed payment because payments are not due on the loan until the borrower permanently leaves his or her home.   Finally, when it is time for a homeowner to repay the loan, the homeowner will never owe more than what the home is worth at that point in time. Thus, reverse mortgages are particularly advantageous if a home has decreased in value since the homeowner obtained a reverse mortgage.  

          However, there are also some disadvantages associated with reverse mortgages. Fundamentally, reverse mortgages are loans, which often have high origination fees and interest rates that are higher than those applied to traditional home equity loans. Although homeowners are not expected to make payments on the loans while they are living in their homes, homeowners may struggle to repay the loans when they finally vacate their residences. For example, if a homeowner dies, the home is supposed to be sold in order to generate funds to repay the loan, which means that the homeowner’s heirs cannot take title to the home unless the heirs can personally repay the outstanding balance of the reverse mortgage. Related to this point, if a homeowner must relocate to a nursing home or assisted living facility, he or she must start repaying his or her reverse mortgage at the time of relocation because the homeowner technically no longer lives in his or her home, which can be a substantial burden on the homeowner.  

          The lawyers of Brown, Paindiris & Scott can help you to make the most of your real estate investments. To learn more, click here.  

Paid Sick Leave in Connecticut

Connecticut has become the first state to mandate paid sick leave for certain employees. Pursuant to Connecticut General Statute Section 31-57s, employers must provide paid sick leave to their employees if they have 50 or more employees working in any one quarter of the calendar year. Whether an employer has 50 or more employees is determined on the basis of the Quarterly Earnings Report that an employer is required to submit to the Connecticut Department of Labor in accordance with Conn. Gen. Stat. Sec. 31-225a(j).  You are subject to the act if you have 50 or more employees even if you employ fewer than 50 service workers.   Some employers, such as 501(c)(3) organizations, for example, are exempt from the paid sick leave requirement. 

This law only applies to those employees that fall into the broad definition of a "service worker" under the Act. It does not apply to day or temporary workers, salaried employees, or non-hourly workers. Service workers may accrue one hour of paid sick leave for every forty hours worked. The maximum amount of paid sick leave a worker may accrue in one calendar year is forty hours.  

According to Governor Malloy, the purpose of the new paid sick leave law is to promote good public health, by giving those workers who might otherwise be serving food or caring for young children, an opportunity to be able to afford to stay home when sick. With questions on how this new law many affect you as an employer or whether you may qualify for paid sick leave as an employee, please contact Attorney David Rintoul.

The Ten Most Wanted: Keys to Admitting and Excluding Evidence

On March 14^th Attorney Richard Brown joined other well-respected members of the Connecticut Bar to present “The Ten Most Wanted: Keys to Admitting and Excluding Evidence.”  This seminar, which was organized by the Hartford County Bar Association and hosted by the Hartford law office of Shipman & Goodwin, was geared towards showing attendees the practical application of the rules of evidence.  During each of ten sessions one presenter would act as a witness while two others acted in the roles of the attorney offering the evidence and the attorney opposing the offer in a courtroom setting.  Mock arguments were heard before the Honorable Susan Q. Cobb and the Honorable Hope C. Seeley.  Attorney Brown’s presentation focused on the admission of medical, hospital and forensic/laboratory reports. 

Requirements for Medical Malpractice Actions in Connecticut

An opinion letter written by a similar health care provider is a prerequisite to filing a medical malpractice action in Connecticut. Without the opinion letter, the case will be subject to dismissal. This has been the state of the law since October of 2005, when in response to the increasing costs of malpractice insurance,  the Connecticut legislature enacted Public Act 05-275, which added the opinion letter requirement to Sec. 52-190a. Thus, Connecticut General Statutes Sec. 52-190a now requires that a medical malpractice plaintiff attach a letter by a similar health care provider attesting to the medical negligence, or deviation from the standard of care by the physician, nurse, or hospital. 

While “similar health care provider” is defined in Conn. Gen. Stat. Sec. 52-184c(c), for the purposes of the certificate of good faith, the Connecticut Supreme Court effectively narrowed who could qualify as such in Bennett v. New Milford Hosp., Inc., 300 Conn. 1 (2011). In Bennett, the plaintiff’s decedent died following allegedly negligent treatment at the hospital following a motor vehicle accident. Plaintiff attached an opinion letter from a physician to his complaint alleging medical malpractice against an emergency room doctor. The defendant argued that the physician was not a similar health care provider within the meaning of 52-190a because while the physician had emergency medicine experience, the physician was not board certified in emergency medicine. The Connecticut Supreme Court agreed with the defendant and dismissed the plaintiff’s claim for failing to provide a letter from a similar health care provider. This was the case in spite of the fact that the doctor who authored the letter may have been qualified to testify at trial.

A letter from a similar health care provider is a critical element to commence your medical malpractice action. Without it, it may be unlikely that you can go forward. If you think you have been the victim of medical malpractice, it is best to contact an attorney as soon as possible to ensure that legal action is taken in a timely manner and that the requirements of 52-190 are met.